The applicant sought to appoint an independent accountant to resolve a dispute over a working capital calculation under a share purchase agreement.
The respondents argued the request was out of time and that substantive relief could not be granted at a case conference without a full evidentiary record.
The court granted the application, holding that the respondents had implicitly agreed to extend the timeline and that granting substantive relief at a case conference was a proportionate procedure given the severe delays in the civil justice system.